(Voigt and Engerer 2002 is an overview), and Positive Constitutional

GERMAN ISRAELI
DEVELOPMENT
FOUNDATION
FOR
SCIENTIFIC
RESEARCH
Main Office:
Liaison Office:
P.O.B. 7008
91070 Jerusalem
Tel. 02-6233814-7
Telefax: 02-6233769,6233774
E-Mail: [email protected]
INTERNET: http://www.gifres.org.il
c/o GSF Forschungszentrum Neuherberg
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Tel. 089-31873106
Telefax:089-31873365
(Frachtadresse: Ingolstaedter Landstr. 1
85764 Oberschleissheim)
E-Mail: [email protected]
AND
APPLICATION FOR RESEARCH GRANT
General information
The attached forms should be completed in conjunction with the G.I.F. booklet “Guidelines for Grant
Applicants”, which contains information on Foundation policy and procedures, essential for filling out these
forms properly.
This application consists of:
Cover page and personal details of investigators
Section 1: Abstract and project time schedule
Section 2: Detailed description of the research plan
Section 3: Budget details and justification
Section 4: Curriculum vitae of P.I.s and co-P.I.s
Section 5: List of publications
Section 6: Letters of cooperation
Section 7: Budget distribution among the groups
Note: Appendices are not accepted!
Applications should be typed on the official GIF forms or computer-formatted exact copies of the forms.
Instructions:
Fifteen complete hard copies, including the original, and five copies of the cover page and abstract only
(pages 2(a) and 3) are required.
To enable prompt evaluation of your application please answer all questions in full detail.
THE GERMAN ISRAELI FOUNDATION
FOR SCIENTIFIC RESEARCH AND DEVELOPMENT (G.I.F.)
APPLICATION FOR RESEARCH GRANT - COVER PAGE
1. TITLE
Theoretical and Empirical Economic Analysis of the Doctrine of Separation of Powers
2. KEY WORDS
Constitutional Law and Economics, Delegation of
Powers, Independence of the Judiciary.
3. PROJECT PERIOD (YEARS)
FOR GIF USE ONLY
4. BUDGET REQUESTED FOR
PROJECT PERIOD (EURO)
2004
5. BUDGET DISTRIBUTION
(EURO)
1st year
2005
2nd year
2006
3rd year
6. Names Addresses and Affiliation of Cooperating Scientists (see also P 2(b)).
Name
(Last, First, Academic Position)
1) Salzberger Eli, Senior Lecturer
Role
(P.I., C.I.)
P.I.
Name
of
Institute
and
Department
Law Faculty, University of Haifa
2) Voigt Stefan; Full Professor
P.I
Economics Faculty, University of
Signature
Kassel
3) Feld, Lars; Full Professor
C.I.
Economics Faculty, University of
Marburg
4)
5)
6)
7. ADMINISTRATION ENDORSEMENTS
Name
Title
Sign.
P. 2(a)
For G.I.F. use
No. of Proposal:
PERSONAL DETAILS OF INVESTIGATORS
Israeli Group
Family Name:
1.
First Name:
Salzberger
Eli
Date of Birth:
12/3/1960
Academic Position:
Senior Lecturer
Institution:
University of Haifa
Department (FB):
Law
Street:
Mount Carmel
2.
3.
2.
3.
City & Zip Code:
Haifa 30900
Telephone:
Telefax:
04 8240005
04 8240681
E-mail:
[email protected].
ac.il
German Group
Family Name:
1.
Voigt
First Name:
Stefan
Date of Birth:
19/8/1962
Academic Position:
Full Professor
Institution:
University of Kassel
Department (FB):
Economics
Street:
Nora-Platiel-Str. 4
City & Zip Code:
34127 Kassel
Telephone:
0561 804 3089
Telefax:
0561 804 2818
E-mail:
[email protected]
P.2(b)
SECTION 1
for G.I.F. use
No. of Proposal:
FULL TITLE:
Theoretical and Empirical Economic Analysis of the Doctrine of Separation of Powers
PRINCIPAL INVESTIGATORS:
Eli Salzberger and Stefan Voigt
ABSTRACT:
An abstract of about two hundred words should describe the (1) objectives, (2) methods and plan of operation, (3)
significance of the proposed research. (Uniqueness, innovative aspects).
The aim of this project is to deal with the separation of powers both normatively and positively by drawing on the toolkit of
economics. With regard to normative analysis, the object is to find novel justifications for the separation of powers by
choosing a fresh look at the topic, namely that informed by economics. With regard to positive analysis, both theoretical and
empirical work will be carried out. On the theoretical side, models will be created that explicitly take the judiciary into
account (different from the current ones that almost exclusively focus on the interactions between legislature and executive).
Still, more emphasis will be on the empirical side. The economic effects of the judiciary, of domestic agencies such as
competition authorities as well as of the membership in international organizations will be estimated.
Some novel indicators concerned with domestic agencies as well as international organizations will be created. These will
inform the econometric estimates, but they also form the basis for empirically sound institutional and policy device with
regard to the creation of independent agencies domestically as well as the membership in supra-/international organizations
internationally.
P.3
PROJECT SCHEDULE
WORK PLAN
PROPOSED TIME TABLE
RESPONSIBLE PI
LOCATION
Research Tasks
Beginning
Month Year
Jan 2005
End
Month Year
June 2006
Eli Salzberger
(Research Institute
and Department)
Haifa
2) Positive Aspects of the Sep. of Powers I
(theoretical aspects)
Jan 2005
June 2006
Stefan Voigt
Kassel
3) Positive Aspects of the Sep. of Powers II
(empirical aspects)
Jan 2006
Dec 2006
Stefan Voigt
Kassel
4) Synthesizing Normative and Pos. Aspects
July 2006
Dec 2007
Eli Salzberger
Haifa
1) Normative Aspects of the Sep. of Powers
5)
6)
7)
8)
9)
Explanatory Notes (if necessary):
Signatures:
P.I.
P.I.
P.I.
P.I.
P.I.
P.I.
Inst.
Inst.
Inst.
Inst.
Inst.
Inst.
P.4
SECTION 2
DETAILED DESCRIPTION OF THE RESEARCH PLAN
The description should be detailed but comprehensive.
Please mark the headings according to the following numbered list:
1. Brief description of the subject and the scientific and technological background.
2. Objectives and expected significance of the research.
3. Comprehensive description of the methods and plan of operation: see guidelines.
4. Distribution of the research tasks between the groups.
5. Preliminary (unpublished) results relevant to the proposal.
6. Detailed account of available resources, including all personnel and equipment.
7. Relevant bibliography on the research subject.
1 Brief description of the subject and the scientific and technological
background.
Until recently, economists did not pay much attention to the analysis of public and
political institutions. Over the last decades, this has radically changed. Public Choice
scholars analyse politics by drawing on the tool kit of economists (Mueller 2002 is an
overview). New Institutional Economics is interested in the economic consequences
of various institutional rule sets (Voigt and Engerer 2002 is an overview), and
Positive Constitutional Economics scholars ask, more specifically, about the
consequences of the most basic set of institutions, namely constitutional rules (Voigt
1997 is an overview). Empirical tests of the various models have begun to be carried
out.
Within the economic analysis framework, little attention has been given to the
doctrine of separation of powers. We propose to begin to fill this gap, providing both
normative and positive analyses, combined with empirical data and tests.
2. Objectives and expected significance of the research.
The two principle researchers submitting this proposal began collaborating in the area four years ago, focusing on
various aspects of the separation of powers. This collaboration produced several publications, both theoretical and
empirical (e.g. Salzberger and Voigt 2002 and Voigt and Salzberger 2002). Our aim is to expand our research and to
emphasize empirical work, which will enable better understanding and evaluation of different systems of government
and provide a tool for policy-makers faced with constitutional and post-constitutional institutional design.
The potential relevance of the research results can hardly be exaggerated: there are many concrete ways in which the
separation of powers as well as checks and balances are implemented. On some institutional details (e.g. presidential
vs. parliamentary systems), the economic implications are already quite well understood. On others (e.g. the
independent judiciary), economic implications are still open to speculation. We hope to be able to establish some
solid empirical findings concerning not only the effects of judicial independence on economic growth, but also on the
specific channels through which it affects the functioning of an economy. This would enable us to give solid advice
concerning constitutional design.
We believe the recent discussion about the optimal avenues for the re-construction of post-war Iraq can serve as a
good example. The emphasis given by many commentators and policy-makers to the establishment of an independent
judiciary as the highest priority in this process (even before the conduct of free elections) fits our past research
conclusions (Salzberger 1993, Salzberger and Voigt 2002. Voigt and Salzberger 2002) and might be even influenced
by it.
Our proposed research focuses on the constitutional political economy of the separation of powers, from both
normative and positive perspectives. This is a very broad topic indeed and in the coming years we wish to concentrate
on a few aspects of it: (i) the role of the judiciary in the context of separation of powers and the theory of the state,
and better understanding of de-jure and de-facto judicial independence across different systems of governments; (ii)
the role of other internal agencies independent from government, such as central banks, competition agencies, audit
courts, and the interplay between them and an independent judiciary; (iii) the role of super-national and international
institutions in the context of delegation of powers and separation of powers. These topics will be analyzed on
NOTE: Text of items 1 through 5 is limited to a total of 10 pages.
Note: Replace this page with pages of identical size for headings 1 to 5.
P.5
SECTION 3
BUDGET DETAILS
Instructions:
1. The budget should be presented in EURO.
2. List all personnel participating in the project and the time they will devote to the project, including principal
investigators.
3. Principal investigators and scientists on the paid staff of the applicants’ institutions are not entitled to receive
salaries from the G.I.F.
4. Indicate role and salary of personnel not yet appointed.
5. Months of employment should be specified for each person employed. Hours per month should be specified when
students are employed on an hourly basis.
6. In calculating salaries include social benefits. Multiply the yearly salary and social benefits by the percentage of
research time (time on project).
7. Give detailed budget breakdown for first, second and third years.
8. Anticipated increases in costs should be calculated for second and third year budgets.
9. Fellowships do not include any social benefits.
10. The Foundation will not consider V.A.T. taxes on salaries, or any other indirect costs (overhead).
SALARIES
Name (Last, first, initial)
Role
in
Project
Time
%
Month
of
Employment
Salary
1. Eli Salzberger
P.I.
25
36
1st year
-
2nd year
-
3d year
-
2. Stefan Voigt
P.I.
25
36
-
-
-
3. Lars Feld
C.I.
15
12
-
-
-
4. TBA, Ph.D. student Voigt
Work
on
100
36
~30.000
~30.000
~30.000
on
25
40hrs./month;
-
~ 6.000
-
~ 3.000
~ 3.000
~ 3.000
phase 2-4
5. Research Ass. To Feld
Work
phase 3
6. Research Ass. To Voigt
Work
12 months
on
12,5
20hrs./month
phases 1-4
7.
Total
NON-EXPENDABLE SPECIFIC EQUIPMENT
Description of equipment
(please specify manufacturer and model)
Amount requested from G.I.F.
Cost*
1. Computer and printer for PhD student
~ 2.000
1st year
~ 2.000
2. Literature (100 EUR/month/PI)
~ 7.200
~ 3.600
3.
4.
Total
2nd year
~ 3.600
* Cost sharing by the institute or by other resources should be specified.
P.6
SECTION 3
BUDGET DETAILS (Cont’d)
Operating Expenses
(Supplies, materials, maintenance, services, computer time)
Description
1. Access to various databanks (BERI; PRS; WEF; …)
Breakdown of costs
1st year
2nd year
3.000
3.000
2. Costs of own data assembly
3.000
3.000
3.Administration (preparation of workshop, telephone etc.)
1.000
2.5000
3rd year
1.000
4.
5.
6.
TOTAL
TRAVEL
Domestic
Name of Traveler
Breakdown of Costs
1st year
2nd year
3rd year
XXX
XXX
1.
2.
Foreign (including per diem)
1. Salzberger
2. Voigt
3. Ph.D. student
~ 2.000
~ 2.000
~ 2.000
TOTAL
OTHER EXPENSES
Description
Breakdown of Costs
1st year
2nd year
3rd year
1st year
(EURO)
3rd year
(EURO)
1. Reports and Publications
2. Sub-Contracting
3. Miscellaneous
TOTAL
2nd year
(EURO)
GRAND TOTAL: EURO
P. 7
SECTION 3
BUDGET DETAILS (Cont’d)
BUDGET JUSTIFICATION: Function and job description of each person employed in the project, operating expenses,
major items of equipment, travels, etc.
Please note that when requesting non-expendable specific equipment, you must specify here the advantages of this specific
unit relative to other models available.
P.8
SECTION 3
BUDGET DETAILS (Cont’d)
OTHERS SOURCES OF SUPPORT & PROPRIETARY RIGHTS OF
ISRAELI PRINCIPAL INVESTIGATOR
Name:
1.
Is this or related research presently being supported by
other sources?
If so, indicate other sources, amounts and dates of performing of
the research under this support.
2.
Has this research been submitted to other agencies?
If so, indicate which agency, when and with what results.
3.
Has this research proposal been submitted or approved, in part or
as a whole, within the framework of the EU and/or DIP programs?
If yes, please list the names of all counterparts involved and the grant No.
4.
If research previously received other sources of support, list rights and
obligations of grantor still in effect.
5.
If this is a continuation of any German-Israeli cooperative research, please
indicate the supporting agency, duration and budget.
6.
List all previous applications to G.I.F. by numbers.
7.
Do you have any patent application or a registered patent
relevant to this proposal?
If yes, is your German counterpart familiar with it?
Please ask him to confirm with his signature here:
Please give full information on pre-existing patentable inventions,
intellectual and other proprietary rights (if any) related to the present
proposal on a separate page.
Yes
No
Yes
No
Yes
No
Yes
No
P.9a
SECTION 3
BUDGET DETAILS (Cont’d)
OTHERS SOURCES OF SUPPORT & PROPRIETARY RIGHTS OF
GERMAN PRINCIPAL INVESTIGATOR
Name: Voigt
1.
Is this or related research presently being supported by
other sources?
If so, indicate other sources, amounts and dates of performing of
the research under this support.
2.
Has this research been submitted to other agencies?
If so, indicate which agency, when and with what results.
3.
Has this research proposal been submitted or approved, in part or
as a whole, within the framework of the EU and/or DIP programs?
If yes, please list the names of all counterparts involved and the grant No.
4.
If research previously received other sources of support, list rights and
obligations of grantor still in effect.
5.
If this is a continuation of any German-Israeli cooperative research, please
indicate the supporting agency, duration and budget.
6.
List all previous applications to G.I.F. by numbers.
7.
Do you have any patent application or a registered patent
relevant to this proposal?
If yes, is your Israeli counterpart familiar with it?
Please ask him to confirm with his signature here:
Please give full information on pre-existing patentable inventions,
intellectual and other proprietary rights (if any) related to the present
proposal on a separate page.
Yes
x
No
Yes
X
No
Yes
X
No
Yes
X
No
P.9b
SECTION 4
CURRICULUM VITAE OF ISRAELI PRINCIPAL INVESTIGATOR
(Please use this form only)
SURNAME:
FIRST NAME:
BIRTHDATE:
CURRENT INSTITUTE:
ACADEMIC BACKGROUND
From-Till
Institution
Area of Specialization
Degree
Major research interests
PREVIOUS EMPLOYMENT (Start with present position)
From-Till
Institution
Research Area
Title
P.10(a)
SECTION 4
CURRICULUM VITAE OF GERMAN PRINCIPAL INVESTIGATOR
(Please use this form only)
SURNAME:
Voigt
BIRTHDATE:
Aug. 19, 1962
FIRST NAME:
CURRENT INSTITUTE:
Stefan
University of Kassel
ACADEMIC BACKGROUND
From-Till
Institution
Area of Specialization
Degree
1984 – 1988
University of Freiburg
Economics
Dipl.Volkswirt
1989-1990
University of Mannheim
First Phase of Ph.D.
-
1990-1992
University of Freiburg
Second Phase of Ph.D.
Ph.D. Econ
1992-1994
University of Freiburg
First Phase of “Habilitation”
-
1994-1997
Max Planck Institute for Research
Second Phase of “Habilitation”
“PD
habil”
Into Economic Systems
Major research interests
Dr.
Positive Constitutional Economics, New Institutional Economics
PREVIOUS EMPLOYMENT (Start with present position)
From-Till
Institution
Research Area
Title
2002 – today
University of Kassel
Constitutional Economics
Professor
2001 – 2002
Ruhr-University Bochum
Constitutional Economics
Professor
Viadrina – University of Frankfurt
Constitutional Economics
Ass.
10/2000
–
2/2001
(Oder)
Professor
9/99 – 7/00
Institute for Advanced Study, Berlin
Constitutional Economics
Fellow
4/94 – 8/99
Max Planck Institute for Research
Constitutional Economics
Research
Into Economic Systems
10/98 – 7/99
Fixed Term Full Professor at the
Fellow
Constitutional Economics
PD
University of Freiburg
P.10(b)
SECTION 5
JOINT PUBLICATIONS OF PRINCIPAL INVESTIGATORS
(Emphasis on subjects relevant to the proposal).
Voigt, S. and E. Salzberger (2002): Choosing Not to Choose: When Politicians Choose to
Delegate Powers, Kyklos 55(2):247-68.
Salzberger, E. and S. Voigt (2002): On the Delegation of Powers – with Special Emphasis on
Central and Eastern Europe and Israel, Theoretical Inquiries into Law 3(1): 207-63.
Salzberger, E. and S. Voigt (2002): On the Delegation of Powers – with Special Emphasis on
Central and Eastern Europe, Constitutional Political Economy 13(1):25-52 (An abridged
German
version
in:
Nutzinger,
H.G.
(Hrsg.):
Verteilungsprobleme
im
Transformationsprozeß, Duncker & Humblot, 2001:9-42)
Aaken, A.V., E. Salzberger, and S. Voigt (2003); The Prosecution of Public Figures and the
Separation of Powers: Confusion within the Executive Branch, German Working Papers in
Law and Economics, Art. 11, http://www.bepress.com/gwp/default/vol2003/iss1/art11.
P.11
SECTION 5
RELEVANT PUBLICATIONS OF ISRAELI PRINCIPAL INVESTIGATOR
(Past five years only)
NAME:
P.12(a)
SECTION 5
RELEVANT PUBLICATIONS OF GERMAN PRINCIPAL INVESTIGATOR
(Past five years only)
NAME:
Voigt
Feld, L. and S. Voigt (2004): Making Judges Independent – Some Proposals Regarding the
Judiciary, forthcoming in: R. Congleton (ed.): Constitutional Design, Cambridge: CUP.
Kirstein, R. and S. Voigt (2004): The Violent and the Weak – When Dictators Care About Social
Contracts; forthcoming in: American Journal of Economics and Sociology.
Voigt, S. (2004): Judicial Independence as a Necessary Component of the Rule of Law –
Preliminary Insights and Economic Consequences, forthcoming in: A. Marciano and J.-M.
Josselin (eds.): Law and the State. A Political Economy Approach, Cheltenham et al.:
Elgar, 2004.
Voigt, S. (2004): On the Coexistence of Different Property Rights Systems – and Their
Consequences for Economic Growth and Development, in: E. Colombatto (ed.): Edward
Elgar Companion on Property Rights; Cheltenham: Edward Elgar, to appear in 2004.
Voigt, S. (2004): Entry „Constitutional Law“, forthcoming in: Hatzis, A. (ed.): Economic
Analysis of Law: A European Perspective, Cheltenham: Edward Elgar.
Feld, L. and S. Voigt (2003): Economic Growth and Judicial Independence: Cross Country
Evidence Using a New Set of Indicators, European Journal of Political Economy
19(3):497-527.
Hayo, B. and S. Voigt (2003): “Explaining de facto judicial independence”, Volkswirtschaftliche
Diskussionsbeiträge 46/03 of the Dept. of Economics, University of Kassel, Germany.
Voigt, S. (2003): The Consequences of Popular Participation in Constitutional Choice – Towards
A Comparative Analysis, forthcoming in: Aaken, A.v., Chr. List and Chr. Lütge (eds.):
Deliberation and Decision: Economics, Constitutional Theory, and Deliberative
Democracy, Aldeshot: Ashgate.
Voigt, S. (2003): The Bonds of Democratic Politics – An Economic Perspective in: Albert
Breton, Gianluigi Galeotti, Pierre Salmon, and Ronald Wintrobe (eds.): Rational
Foundations of Democratic Politics, Cambridge: Cambridge University Press.
Voigt, S. (2003): Entries „Positive Constitutional Political Economy“ and „Dictators and Social
Contracts“ in: Rowley, Ch. and Schneider, F. (eds.): Encyclopedia of Public Choice,
Dordrecht: Kluwer 2003.
Voigt, S. (2003): Towards Ever More Confusion? The Convention’s Proposal for a European
Constitution, Intereconomics 38(4):185-8.
Engerer, H. and S. Voigt (2002): Institutions and Transition – Possible Policy Implications of the
New Institutional Economics, in: K. Zimmermann (ed.); Frontiers in Economics,
Heidelberg et al.: Springer (pp. 127-84).
Voigt, S. (2002): Die unabhängige Justiz – eine vernachlässigte Determinante zur Erklärung der
Zentralbankunabhängigkeit? („The Independent Judiciary – A Neglected Variable for
Explaining Central Bank Independence?”); Schmollers Jahrbuch 122(2):207-25.
Voigt, S. (1999): Breaking with the Notion of Social Contract: Constitutions as Based on
Spontaneously Arisen Institutions, Constitutional Political Economy, 10(3): 283-300.
Voigt, S. (1999): Implicit Constitutional Change - Changing the Meaning of the Constitution
Without Changing the Text of the Document, European Journal of Law and Economics, 7:
197-224.
P.12(b)
SECTION 6
PLEASE PLACE LETTERS OF COOPERATION HERE
P.13
SECTION 7
BUDGET DISTRIBUTION AMONG THE PRINCIPAL INVESTIGATORS
Budgetary items
Code
First Year
Israel
Second Year
Germany
Israel
Third Year
Germany
Israel
Germany
SALARIES
EQUIPMENT
OPERATING
EXPENSES
TRAVEL
DOMESTIC
FOREIGN
OTHERS
SUBTOTAL (EURO)
TOTAL BUDGET (EURO)
1. Use the left column for budget specification only. Use other columns to list the costs.
2. Both partners are required to sign this form.
3. If there are more than two groups involved, please re-design this form so that all pertinent information appears
on one page.
4. Use the budget codes as listed in Section 7 of the guidelines (page 23).
Signatures:
P.I.
P.I.
P.I.
P.I.
Inst.
.
Inst.
Inst.
Inst.
P.14